Executive Office for Immigration Review; New Rules Regarding Procedures for Asylum and Withholding of Removal

Official abstract

On June 11, 1998, at 63 FR 31945, the Immigration and Naturalization Service and the Executive Office for Immigration Review proposed amendments to the Department of Justice regulations governing asylum and withholding of removal. The amendments are intended to establish new guidelines regarding cases where the applicant has establish past persecution or where the applicant may be able to avoid persecution in his or her home country by relocating to another area of that country. The proposed rule also provides further clarification regarding the exercise of discretion by the Attorney General in cases where past persecution is established and about the considerations relevant to whether an applicant has a well-founded fear of future persecution. The proposed rule makes similar changes to regulations governing withholding of deportation. The rule also identifies new factors that may be considered in the exercise of discretion in asylum cases where the applicant has established past persecution but may not have a well-founded fear of future persecution. The rule further provides that the asylum and withholding standards require a showing that a risk of harm exists throughout the country in question. This notice changes the deadline for submitting public comments from July 13, 1998, to September 11, 1998.

Primary source

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